Commerce Clause : SCOTUS: Congress Authorized To Regulate INTERSTATE COMMERCE ONLY

Discussion in 'Law and Justice System' started by Contumacious, Apr 4, 2010.

  1. Contumacious
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    Contumacious Radical Freedom

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    . "The power of regulating commerce extends to the regulation of navigation. The power to regulate commerce extends to every species of commercial intercourse between the United States and foreiga nations, and among the several States. It dees not stop at the external boundary of a State. But it does not extend to a commerce which is completely internal. The power to regulate commerce is general, and has no limitations but such as are prescribed in the constitution itself. The power to regulate commerce, so far as it extends, is exclusively vested in Congress, and no part of it can be exercised by a State. State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress."


    U.S. Supreme Court
    GIBBONS v. OGDEN, 22 U.S. 1 (1824)


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  2. Contumacious
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    Contumacious Radical Freedom

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    So Obama Hellcare does not stand a chance.

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  3. The T
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    The T George S. Patton Party Supporting Member

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    Interesting. I wonder if this too will be used in the suit against the Federal Government by the 14 States' Attorneys?

    And what of Article 1 Section 9?:eusa_think:
     
  4. RetiredGySgt
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    RetiredGySgt Diamond Member

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    Since Health Care can not be sold across State lines this destroys the entire premise that the health care bill is Interstate commerce.
     
  5. The T
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    The T George S. Patton Party Supporting Member

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    And whom is impeding the Commerce? Congress in difiance of the Commerce Clause.
     
  6. Contumacious
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    Contumacious Radical Freedom

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    Yes, indeed . They are doing violence to the Constitution.

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  7. PatekPhilippe
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    PatekPhilippe Senior Member

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    Definately will be used...it establishes precedent.
     
  8. Polk
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    Polk Classic

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    From that radical liberal Scalia in his concurrence in Gonzales v. Raich.
     
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  9. Dante
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    Dante On leave Supporting Member

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    the amateur judicial scholars of the Right Wing Lunacy @ USMB are radical clowns.
     
  10. Polk
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    Polk Classic

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    Don't know if you heard about this, but the University of Washington attempted to have debate on the constitutionality of the mandate. It's so accepted by legal scholars of all political stripes that they couldn't find a single legal expert who was willing to speak for the proposition that it's unconstitutional.
     

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